List of individuals executed in Oregon
Encyclopedia
Capital punishment
is legal in the U.S. state
of Oregon
. The first execution under the territorial government
was in 1851. Capital punishment was made explicitly legal by statute in 1864, and executions have been carried out exclusively at the Oregon State Penitentiary
in Salem
since 1904. The death penalty was outlawed between 1914 and 1920, again between 1964 and 1978, and then again between a 1981 Oregon Supreme Court
ruling and a 1984 ballot measure.
Since 1904, about 60 individuals have been executed in Oregon. Thirty-seven people are on Oregon's death row
as of 22 November 2011. The current method of execution in Oregon is lethal injection
. Aggravated
murder is the only crime subject to the penalty of death under Oregon law.
originally had no provision for a death penalty. A statute was enacted in 1864 allowing for the death penalty in cases of first degree murder
. Authority to conduct executions was initially granted to local sheriff
s, but in 1903, the Oregon Legislative Assembly
passed a law requiring all executions to be conducted at the Oregon State Penitentiary
in Salem
.
Oregon voters amended the Constitution in 1914, to repeal the death penalty, by a margin of 50.04%. The repeal was an initiative of Governor Oswald West
. The death penalty was restored, again by constitutional amendment, in 1920.
Initially, all executions were performed by hanging
; lethal gas was adopted as the method after 1931.
Voters outlawed the death penalty in the general election of 1964, with 60% of the vote. Governor Mark Hatfield
commuted the sentences of three death row inmates two days later.
Voters reenacted the death penalty in the general election of 1978, by statute; Measure 8 required the death penalty in certain murder cases. Measure 8 was overturned by the Oregon Supreme Court
in 1981, on the grounds that it denied defendants the right to be tried by a jury of their peers.
In 1984, Measure 6 amended the Constitution to once more make the death penalty legal. Measure 7, a statutory measure passed in the same year, required a separate sentencing hearing before a jury in cases of aggravated murder
.
In 1988, the U.S. Supreme Court
ruling in Penry v. Lynaugh
affected the Oregon death penalty, because Oregon's law is based on the Texas
law involved in the case. 17 Oregon cases were remanded for resentencing following Penry; eight convicts were re-sentenced to death.
In 2000, the Benetton Group
featured several inmates on Oregon's death row in a controversial, anti-death penalty ad campaign. Cesar Barone, Conan Wayne Hale, Jesse Caleb Compton, and Alberto Reyes Camarena were featured in the ad.
Between 1904 and 1994, 115 people were sentenced to death in Oregon, and 58 of those were executed.
decides the sentence
in Oregon for the crime of aggravated murder, as proscribed by ORS
163.105. Death, imprisonment without parole
and life imprisonment
are allowed as sentences. Life imprisonment must have a minimum period where the defendant is not allowed parole of thirty years. Mitigating and aggravating factors are to be considered during sentencing.
Mitigating Factors:
The Governor of Oregon
has sole authority over clemency, including capital cases.
As in any other state, people who are under 18 at the time of commission of the capital crime or mentally retarded are constitutionally precluded from being executed.
. Kendall's sentence was handed down by judge William Strong
of the Oregon Supreme Court
. Hangings were conducted by the local sheriff until 1905 when executions were moved to the Oregon State Penitentiary
in Salem
. Capital punishment in Oregon was performed by hanging until 1931. The gas chamber was used starting in 1939 and was performed until 1962. In 1964 death penalty laws in Oregon were repealed and they were restored in 1984. Currently the sole method is lethal injection. Death Row
and executions are performed at the Oregon State Penitentiary.
governor John Kitzhaber
announced a moratorium on executions in Oregon, canceling a planned execution and ordering a review of the death penalty system in the state.
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
is legal in the U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
. The first execution under the territorial government
Oregon Territory
The Territory of Oregon was an organized incorporated territory of the United States that existed from August 14, 1848, until February 14, 1859, when the southwestern portion of the territory was admitted to the Union as the State of Oregon. Originally claimed by several countries , the region was...
was in 1851. Capital punishment was made explicitly legal by statute in 1864, and executions have been carried out exclusively at the Oregon State Penitentiary
Oregon State Penitentiary
Oregon State Penitentiary , the first state prison in Oregon, United States, was originally located in Portland in 1851. In 1866 it was moved to a site in Salem and enclosed by a reinforced concrete wall averaging in height...
in Salem
Salem, Oregon
Salem is the capital of the U.S. state of Oregon, and the county seat of Marion County. It is located in the center of the Willamette Valley alongside the Willamette River, which runs north through the city. The river forms the boundary between Marion and Polk counties, and the city neighborhood...
since 1904. The death penalty was outlawed between 1914 and 1920, again between 1964 and 1978, and then again between a 1981 Oregon Supreme Court
Oregon Supreme Court
The Oregon Supreme Court is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States. The OSC holds court at the Oregon Supreme Court Building in Salem, Oregon, near the capitol...
ruling and a 1984 ballot measure.
Since 1904, about 60 individuals have been executed in Oregon. Thirty-seven people are on Oregon's death row
Death row
Death row signifies the place, often a section of a prison, that houses individuals awaiting execution. The term is also used figuratively to describe the state of awaiting execution , even in places where no special facility or separate unit for condemned inmates exists.After individuals are found...
as of 22 November 2011. The current method of execution in Oregon is lethal injection
Lethal injection
Lethal injection is the practice of injecting a person with a fatal dose of drugs for the express purpose of causing the immediate death of the subject. The main application for this procedure is capital punishment, but the term may also be applied in a broad sense to euthanasia and suicide...
. Aggravated
Aggravation (legal concept)
Aggravation, in law, is "any circumstance attending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crime or tort itself."...
murder is the only crime subject to the penalty of death under Oregon law.
History
The Oregon ConstitutionOregon Constitution
The Oregon Constitution is the governing document of the U.S. state of Oregon, originally enacted in 1857. As amended the current state constitution contains eighteen sections, beginning with a bill of rights. This contains most of the rights and privileges granted in the United States Bill of...
originally had no provision for a death penalty. A statute was enacted in 1864 allowing for the death penalty in cases of first degree murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
. Authority to conduct executions was initially granted to local sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
s, but in 1903, the Oregon Legislative Assembly
Oregon Legislative Assembly
The Oregon Legislative Assembly is the state legislature for the U.S. state of Oregon. The Legislative Assembly is bicameral, consisting of an upper and lower house: the Senate, whose 30 members are elected to serve four-year terms; and the House of Representatives, with 60 members elected to...
passed a law requiring all executions to be conducted at the Oregon State Penitentiary
Oregon State Penitentiary
Oregon State Penitentiary , the first state prison in Oregon, United States, was originally located in Portland in 1851. In 1866 it was moved to a site in Salem and enclosed by a reinforced concrete wall averaging in height...
in Salem
Salem, Oregon
Salem is the capital of the U.S. state of Oregon, and the county seat of Marion County. It is located in the center of the Willamette Valley alongside the Willamette River, which runs north through the city. The river forms the boundary between Marion and Polk counties, and the city neighborhood...
.
Oregon voters amended the Constitution in 1914, to repeal the death penalty, by a margin of 50.04%. The repeal was an initiative of Governor Oswald West
Oswald West
Oswald West was an American politician, a Democrat, who served most notably as the 14th Governor of Oregon. Called "Os West" by Oregon writer Stewart Holbrook, who described him as "by all odds the most brilliant governor Oregon ever had."- Early life and career :West was born in Ontario, Canada...
. The death penalty was restored, again by constitutional amendment, in 1920.
Initially, all executions were performed by hanging
Hanging
Hanging is the lethal suspension of a person by a ligature. The Oxford English Dictionary states that hanging in this sense is "specifically to put to death by suspension by the neck", though it formerly also referred to crucifixion and death by impalement in which the body would remain...
; lethal gas was adopted as the method after 1931.
Voters outlawed the death penalty in the general election of 1964, with 60% of the vote. Governor Mark Hatfield
Mark Hatfield
Mark Odom Hatfield was an American politician and educator from the state of Oregon. A Republican, he served for 30 years as a United States Senator from Oregon, and also as chairman of the Senate Appropriations Committee...
commuted the sentences of three death row inmates two days later.
Voters reenacted the death penalty in the general election of 1978, by statute; Measure 8 required the death penalty in certain murder cases. Measure 8 was overturned by the Oregon Supreme Court
Oregon Supreme Court
The Oregon Supreme Court is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States. The OSC holds court at the Oregon Supreme Court Building in Salem, Oregon, near the capitol...
in 1981, on the grounds that it denied defendants the right to be tried by a jury of their peers.
In 1984, Measure 6 amended the Constitution to once more make the death penalty legal. Measure 7, a statutory measure passed in the same year, required a separate sentencing hearing before a jury in cases of aggravated murder
Aggravation (legal concept)
Aggravation, in law, is "any circumstance attending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crime or tort itself."...
.
In 1988, the U.S. Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
ruling in Penry v. Lynaugh
Penry v. Lynaugh
Penry v. Lynaugh, , sanctioned the death penalty for mentally retarded offenders because the Court determined executing the mentally retarded was not "cruel and unusual punishment" under the Eighth Amendment...
affected the Oregon death penalty, because Oregon's law is based on the Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
law involved in the case. 17 Oregon cases were remanded for resentencing following Penry; eight convicts were re-sentenced to death.
In 2000, the Benetton Group
Benetton Group
Benetton Group S.p.A. is a global luxury fashion brand, based in Treviso, Italy. The name comes from the Benetton family who founded the company in 1965. Benetton Group is listed in Milan....
featured several inmates on Oregon's death row in a controversial, anti-death penalty ad campaign. Cesar Barone, Conan Wayne Hale, Jesse Caleb Compton, and Alberto Reyes Camarena were featured in the ad.
Between 1904 and 1994, 115 people were sentenced to death in Oregon, and 58 of those were executed.
Process
The juryJury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
decides the sentence
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
in Oregon for the crime of aggravated murder, as proscribed by ORS
Oregon Revised Statutes
The Oregon Revised Statutes is the codified body of statutory law governing the U.S. state of Oregon, as enacted by the Oregon Legislative Assembly, and occasionally by citizen initiative...
163.105. Death, imprisonment without parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
and life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
are allowed as sentences. Life imprisonment must have a minimum period where the defendant is not allowed parole of thirty years. Mitigating and aggravating factors are to be considered during sentencing.
Mitigating Factors:
- Whether the conduct of the defendant that caused the death of the deceased was committed deliberately and with the reasonable expectation that death of the deceased or another would result;
- Whether there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society;
- If raised by the evidence, whether the conduct of the defendant in killing the deceased was unreasonable in response to the provocation, if any, by the deceased; and
- Whether the defendant should receive a death sentence.
The Governor of Oregon
Governor of Oregon
The Governor of Oregon is the top executive of the government of the U.S. state of Oregon. The title of governor was also applied to the office of Oregon's chief executive during the provisional and U.S. territorial governments....
has sole authority over clemency, including capital cases.
As in any other state, people who are under 18 at the time of commission of the capital crime or mentally retarded are constitutionally precluded from being executed.
Method
The first death sentence carried out under the territorial government came on 18 April 1851, when William Kendall was hanged in SalemSalem, Oregon
Salem is the capital of the U.S. state of Oregon, and the county seat of Marion County. It is located in the center of the Willamette Valley alongside the Willamette River, which runs north through the city. The river forms the boundary between Marion and Polk counties, and the city neighborhood...
. Kendall's sentence was handed down by judge William Strong
William Strong (Oregon judge)
William Strong was an American attorney and jurist in the Pacific Northwest. He was the 4th Associate Justice of the Oregon Supreme Court when the region was still the Oregon Territory. A native of Vermont, he settled in the Washington Territory after it was created in 1853 and served in the...
of the Oregon Supreme Court
Oregon Supreme Court
The Oregon Supreme Court is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States. The OSC holds court at the Oregon Supreme Court Building in Salem, Oregon, near the capitol...
. Hangings were conducted by the local sheriff until 1905 when executions were moved to the Oregon State Penitentiary
Oregon State Penitentiary
Oregon State Penitentiary , the first state prison in Oregon, United States, was originally located in Portland in 1851. In 1866 it was moved to a site in Salem and enclosed by a reinforced concrete wall averaging in height...
in Salem
Salem, Oregon
Salem is the capital of the U.S. state of Oregon, and the county seat of Marion County. It is located in the center of the Willamette Valley alongside the Willamette River, which runs north through the city. The river forms the boundary between Marion and Polk counties, and the city neighborhood...
. Capital punishment in Oregon was performed by hanging until 1931. The gas chamber was used starting in 1939 and was performed until 1962. In 1964 death penalty laws in Oregon were repealed and they were restored in 1984. Currently the sole method is lethal injection. Death Row
Death row
Death row signifies the place, often a section of a prison, that houses individuals awaiting execution. The term is also used figuratively to describe the state of awaiting execution , even in places where no special facility or separate unit for condemned inmates exists.After individuals are found...
and executions are performed at the Oregon State Penitentiary.
Capital offenses
Aggravated murder is the only crime subject to capital punishment in Oregon. The crime is defined as murder "committed under, or accompanied by, any of the following circumstances":- The defendantDefendantA defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
committed the murder pursuant to an agreement that the defendant receive money or other thing of value for committing the murder. - The defendant solicitedSolicitationLiterally, solicitation means: 'urgently asking'. It is the action or instance of soliciting; petition; proposal. In criminal law, it most commonly refers to either the act of offering goods or services, or the act of attempting to purchase such goods or services...
another to commit the murder and paid or agreed to pay the person money or other thing of value for committing the murder. - The defendant committed murder after having been convicted previously in any jurisdiction of any homicideHomicideHomicide refers to the act of a human killing another human. Murder, for example, is a type of homicide. It can also describe a person who has committed such an act, though this use is rare in modern English...
, the elements of which constitute the crime of murder as defined in Oregon Revised StatutesOregon Revised StatutesThe Oregon Revised Statutes is the codified body of statutory law governing the U.S. state of Oregon, as enacted by the Oregon Legislative Assembly, and occasionally by citizen initiative...
(ORS) 163.115 or manslaughter in the first degree as defined in ORS 163.118. - There was more than one murder victim in the same criminal episode as defined in ORS 131.505.
- The homicide occurred in the course of or as a result of intentional maiming or tortureTortureTorture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
of the victim. - The victim of the intentional homicide was a person under the age of 14 years.
- The victim was a police officer, correctional, parole and probation officer or other person charged with the duty of custody, control or supervision of convicted persons, a member of the Oregon State PoliceOregon State PoliceThe Oregon State Police is the main state law enforcement agency of the U.S. state of Oregon. They have been charged to enforce all of Oregon's criminal laws and to help local law enforcement agencies with their duties...
, judicial officer, juror or witness in a criminal proceeding, employee or officer of a court of justice or a member of the State Board of Parole and Post-Prison Supervision and the murder was related to the performance of the victim's duties in the justice system. - The defendant committed murder by means of explosives
- The defendant personally and intentionally committed the homicide.
- The murder was committed in an effort to conceal the commission of a crime, or to conceal the identity of the perpetrator of a crime.
- The murder was committed after the defendant had escaped from a state, county or municipal penal or correctional facility and before recapture.
List of individuals executed after 1978
Two people have been executed in Oregon after the reinstatement of capital punishment in 1978. Both waived their appeals and asked that the execution be carried out.| Executed person | Date of execution | Murder victim(s) | Under Governor | |
|---|---|---|---|---|
| 1 | Douglas Franklin Wright Douglas Wright (murderer) Douglas Franklin Wright was the first criminal executed by lethal injection in Oregon.-The crimes:Wright was sentenced to death on October 11, 1993 for luring three homeless white men to a remote area of Wasco County on the Warm Springs Indian Reservation with a false promise of work, and then... |
September 6, 1996 | William Marks and 2 others | John Kitzhaber John Kitzhaber John Albert Kitzhaber is the 37th Governor of Oregon. He served as the 35th Governor of Oregon from 1995 to 2003 and became the first person to be elected to the office three times when he was re-elected to a non-consecutive third term in 2010... |
| 2 | Harry Charles Moore Harry Charles Moore Harry Charles Moore was the second individual executed by the State of Oregon since 1978 for the murders of Thomas Lauri and Barbara Cunningham.- The crime :... |
May 16, 1997 | Thomas Lauri and Barbara Cunningham | John Kitzhaber John Kitzhaber John Albert Kitzhaber is the 37th Governor of Oregon. He served as the 35th Governor of Oregon from 1995 to 2003 and became the first person to be elected to the office three times when he was re-elected to a non-consecutive third term in 2010... |
New developments
In November 2011, OregonOregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
governor John Kitzhaber
John Kitzhaber
John Albert Kitzhaber is the 37th Governor of Oregon. He served as the 35th Governor of Oregon from 1995 to 2003 and became the first person to be elected to the office three times when he was re-elected to a non-consecutive third term in 2010...
announced a moratorium on executions in Oregon, canceling a planned execution and ordering a review of the death penalty system in the state.
See also
- List of Oregon ballot measures
- Capital punishment in the United StatesCapital punishment in the United StatesCapital punishment in the United States, in practice, applies only for aggravated murder and more rarely for felony murder. Capital punishment was a penalty at common law, for many felonies, and was enforced in all of the American colonies prior to the Declaration of Independence...
- Oregon Ballot Measure 11 (1994)Oregon Ballot Measure 11 (1994)Measure 11 was a citizens' initiative passed in 1994 in the U.S. State of Oregon. This statutory enactment established mandatory minimum sentencing for several crimes...
, which instituted mandatory minimum sentencing for certain violent crimes - Oregon v. GuzekOregon v. GuzekOregon v. Guzek, 546 U.S. 517 , was a decision by the Supreme Court of the United States, which ruled that the Eighth Amendment to the United States Constitution does not grant criminal defendants facing the death penalty the right to introduce new evidence of their innocence during sentencing that...
, a U.S. Supreme Court case setting precedent regarding evidence and sentencing - Joshua MarquisJoshua MarquisJoshua Marquis is an attorney and politician from Astoria, Oregon in the United States. He has served as District Attorney for Clatsop County since 1994. He frequently writes and speaks about capital punishment. He is known for his belief that the death penalty is justified in some cases...
, the Clatsop County District Attorney, and a nationally acclaimed death penalty advocate
External links
- Oregon Revised Statutes Chapter 163, includes legal definition of aggravated murder
- History of Capital Punishment in Oregon from oregon.gov
- Death penalty in Oregon, from the Oregon Encyclopedia
- Oregon execution chamber
